Data includes an overview of demographic details of research participants, including the sites and dates of interviews. For ethical reasons, interview transcripts and visual data are excluded from this data set.
Research Interests:
This chapter focuses on the Middle East as a region, which is defined to include Arab States, Israel, and Turkey, but to exclude North African countries apart from Egypt. It explores the role of the Refugee Convention, UNHCR, influential... more
This chapter focuses on the Middle East as a region, which is defined to include Arab States, Israel, and Turkey, but to exclude North African countries apart from Egypt. It explores the role of the Refugee Convention, UNHCR, influential NGOs, and international human rights law to protect asylum seekers and refugees in the region. The chapter opens with a brief outline of the Middle Eastern context, historical background in relation to international refugee law, and the significance of UNHCR and the UN Relief Works Agency in Arab States. It compares the approach of States that are parties to the Refugee Convention and those that are not, and considers the consequences of non-ratification as well as the use of domestic legislation to deal with asylum seekers and refugees. An important focus of the chapter is how—and whether—refugee protection is achieved across the region in light of States’ differing approaches to refugeehood, which arise from historical, political, and religious (I...
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This collection is concerned with access to asylum justice in the sense outlined in Chapter 1; that is: it focuses on the ability of protection seekers to overcome the physical obstacles to reaching territory as well as the legal, policy... more
This collection is concerned with access to asylum justice in the sense outlined in Chapter 1; that is: it focuses on the ability of protection seekers to overcome the physical obstacles to reaching territory as well as the legal, policy or political barriers to a quality asylum procedure. The majority of chapters have explored the interplay between law and asylum, largely focusing on restrictive interpretations of the law or the inability of asylum seekers and refugees to benefit from rights and entitlements provided by the law. The countries considered are all party to the 1951 UN Convention Relating to the Status of Refugees/1967 Protocol (Refugee Convention) and they are therefore bound under international law to meet their obligations to refugees as set out in the Convention. Some, of course, have gone further and have established sophisticated refugee determination systems or constructed an architecture of asylum, ostensibly to provide asylum seekers and refugees with minimum standards of treatment.1 Lebanon is different and the position of Syrian refugees in Lebanon is arguably unique. Alongside many of its Middle Eastern neighbours, it is not a signatory to the Refugee Convention or to the Protocol. It does not have a national asylum process and it has a very regional view towards the idea of the ‘refugee’ or those seeking protection within its borders. It is also an example of a developing, low income economy that has been obliged to handle enormous numbers of displaced people over a considerable period of time with limited and shrinking resources, a public debt (as a ratio of Gross Domestic Product (GDP)) continuing to rise,2 and enduring political instability.3 The consequences have been extreme. This chapter will examine the Lebanese refugee context by outlining the legal background in relation to migration and border controls and exploring the handling of refugee arrivals with special reference to the recent Syrian conflict.
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Research Interests:
No analysis of contemporary refugee protection and identity should take place without consideration of historical perspectives. An understanding of historical (and religious) antecedents is crucial to appreciate fully some of the key... more
No analysis of contemporary refugee protection and identity should take place without consideration of historical perspectives. An understanding of historical (and religious) antecedents is crucial to appreciate fully some of the key questions of this volume: who is a ‘refugee’; how that label influences state behaviour towards those seeking asylum; and the broader implications for refugee identity and protection. This chapter has two aims: (i) to provide a foundation for subsequent contributions in this collection and to highlight some of the major concerns with both the Refugee Convention and the framework for international protection in the 21st century; and (ii) to focus on the Middle East, where the majority of states are not party to the Refugee Convention or Protocol, but which currently hosts millions of displaced people. The discussion opens with a consideration of the Refugee Convention and its Protocol (‘the Refugee Convention’) in their historical contexts, briefly descr...
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This Chapter critically explores the justifications, scope and limits of immigration detention in Australia and the United Kingdom, and makes a distinctive contribution to the developing preventive justice scholarship alongside the... more
This Chapter critically explores the justifications, scope and limits of immigration detention in Australia and the United Kingdom, and makes a distinctive contribution to the developing preventive justice scholarship alongside the established criminal law/procedure and counter-terrorism focused studies. We critically reflect on the combination of preventive and administrative rationales for immigration detention, and consider the anticipated harms that states claim both requires and validates prolonged periods of incarceration as a valid regulatory tool of immigration control. We examine how conventional, public lawbased constraints on executive action are absent, ineffective, or present in attenuated forms in this regulatory space. Without orthodox and effective checks and balances that promote substantive and procedural justice, protracted and even indefinite periods of detention for many protection seekers have eventuated. We conclude the Chapter by indicating how administrativ...
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This piece examines the impact of United Kingdom and European law on the asylum-seeking family, with particular reference to the provision of support. It considers the meaning of terms such as ‘the family’ or ‘the family unit’ in the... more
This piece examines the impact of United Kingdom and European law on the asylum-seeking family, with particular reference to the provision of support. It considers the meaning of terms such as ‘the family’ or ‘the family unit’ in the asylum-specific context, and explores the extent to which our understanding of ‘the family’ is different when considering asylum seekers. The paper focuses on the inherent tension between family law and asylum law in relation to treatment of those who fail to achieve refugee status and who are required to leave these shores.
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... 2010-21 THE LAW'S APPROACH TO DETENTION OF ASYLUM SEEKERS: hELP OR hINDRANCE? DALLAL STEVENS Page 2. Electronic copy available at: http://ssrn.com/abstract= 1676118 ... Dallal Stevens Law School, University of Warwick... more
... 2010-21 THE LAW'S APPROACH TO DETENTION OF ASYLUM SEEKERS: hELP OR hINDRANCE? DALLAL STEVENS Page 2. Electronic copy available at: http://ssrn.com/abstract= 1676118 ... Dallal Stevens Law School, University of Warwick destevens@warwick.ac.uk Abstract ...
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LEGISLATION The Immigration and Asylum Act 1999: A Missed Opportunity? Dallai Stevens* Since 1993, the United Kingdom (UK) Parliament has passed three successive statutes on asylum and immigration: the Asylum and Immigration Appeals Act... more
LEGISLATION The Immigration and Asylum Act 1999: A Missed Opportunity? Dallai Stevens* Since 1993, the United Kingdom (UK) Parliament has passed three successive statutes on asylum and immigration: the Asylum and Immigration Appeals Act 1993, the Asylum ...
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Since the former Home Secretary's announced intention, in October 1995, to introduce new legislation in the asylum and immigration fields, asylum and refugeerelated issues have seldom been absent from the public arena. While much of... more
Since the former Home Secretary's announced intention, in October 1995, to introduce new legislation in the asylum and immigration fields, asylum and refugeerelated issues have seldom been absent from the public arena. While much of the discussion during 1996 bore upon the legislative proposals contained in the Asylum and Immigration Bill extension of the accelerated appeals procedure, withdrawal of social security benefits from asylum seekers, prevention of illegal working, removal of certain in-country appeal rights recent developments, such as hungerstrikes by detained asylum seekers, and the election of a Labour government have brought a sharper edge to the debate.' Despite widespread criticism of the Conservative government's proposed measures during their passage through Parliament, New Labour's election manifesto lacked any real commitment to reforming asylum policy.2 During campaigning the then shadow Home Secretary, Jack Straw, suggested that the Labour Party, if elected, would not implement certain provisions of the 1996 Act: the 'white list' of safe countries, the withdrawal of benefits from asylum seekers and the sanctioning of employers where they recruited illegal immigrants.3 On its accession to power however, the Labour government proceeded to enforce the restrictive asylum laws introduced by the Conservatives, though an internal review of the asylum process was announced.4 This note examines the Asylum and Immigration Act 1996 in the context of previous legislation and critically assesses the changes made to asylum law in the light of the current debate.
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Asylum-seeking families in the UK tend to be regarded as a homogeneous group. This article questions that assumption and suggests that, in reality, the term ‘asylum-seeking family’ can denote various relationships between family members.... more
Asylum-seeking families in the UK tend to be regarded as a homogeneous group. This article questions that assumption and suggests that, in reality, the term ‘asylum-seeking family’ can denote various relationships between family members. There are, it is argued, many ‘typologies’ of the asylum-seeking family, and typology is crucial to the form of protection afforded to the asylum-seeker. This article
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Re-introduction of the United Kingdom Asylum Bill DALLAL STEVENS* Background On 22 October 1992, the United Kingdom Government published its Asylum and Immigration Appeals Bill.1 If it enters into force, as is likely, it will be the first... more
Re-introduction of the United Kingdom Asylum Bill DALLAL STEVENS* Background On 22 October 1992, the United Kingdom Government published its Asylum and Immigration Appeals Bill.1 If it enters into force, as is likely, it will be the first piece of legislation focusing almost ...
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Research Interests:
Research Interests:
This chapter argues that refugee law and the refugee protection framework is at ‘crisis point’ ripe for a new imaginary. It explores international cooperation and solidarity (as originally understood in the development of the refugee... more
This chapter argues that refugee law and the refugee protection framework is at ‘crisis point’ ripe for a new imaginary. It explores international cooperation and solidarity (as originally understood in the development of the refugee protection framework) appear to have little traction at present when the international refugee regime is based on cooperation between States. The discussion focuses on the extent to which the current legal framework is failing refugees and whether recent initiatives, such as the Sustainable Development Goals, the World Humanitarian Summit, the interest of the World Bank in forced displacement, the New York Declaration of September 2016 and the Global Compact on Refugees 2018 constitute new ‘paradigmatic shifts’ as claimed, and provide a workable new model.
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Migrant deaths en route to the European Union are by no means new. Yet the level and intensity of recent tragedies is unprecedented: More than 5000 deaths were recorded in 2016, demanding swift action on the part of EU Member States. Dr... more
Migrant deaths en route to the European Union are by no means new. Yet the level and intensity of recent tragedies is unprecedented: More than 5000 deaths were recorded in 2016, demanding swift action on the part of EU Member States. Dr Vicki Squire (PaIS, Warwick), together with an international and multidisciplinary team of Co-Investigators including Dr Dallal Stevens (Warwick Law School), Professor Nick Vaughan-Williams (PAIS, Warwick), Dr Angeliki Dimitriadi (ELIAMEP, Athens), and Dr Maria Pisani (Malta), have been awarded a grant for a project entitled 'Crossing the Mediterranean Sea by boat: Mapping and documenting migratory journeys and experiences'. The project produces a timely and robust evidence base as grounds for informing policy interventions developed under emergency conditions across the Mediterranean. It does so by assessing the impact of such interventions on those that they affect most directly: migrants or refugees themselves. The project undertakes such ...
Research Interests: Geography, International Relations, European Law, Border Studies, Refugee Studies, and 12 moreIrregular Migration, Asylum, Qualitative Research, Turkey And Europe, Forced Migration, Migration Studies, International Refugee Law, European Union Politics, Refugees and Forced Migration Studies, Forced migration and displacement, European Migration Policy, and Migration Policy In EU Countries
This collection is concerned with access to asylum justice in the sense outlined in Chapter 1; that is: it focuses on the ability of protection seekers to overcome the physical obstacles to reaching territory as well as the legal, policy... more
This collection is concerned with access to asylum justice in the sense outlined in Chapter 1; that is: it focuses on the ability of protection seekers to overcome the physical obstacles to reaching territory as well as the legal, policy or political barriers to a quality asylum procedure. The majority of chapters have explored the interplay between law and asylum, largely focusing on restrictive interpretations of the law or the inability of asylum seekers and refugees to benefit from rights and entitlements provided by the law. The countries considered are all party to the 1951 UN Convention Relating to the Status of Refugees/1967 Protocol (Refugee Convention) and they are therefore bound under international law to meet their obligations to refugees as set out in the Convention. Some, of course, have gone further and have established sophisticated refugee determination systems or constructed an architecture of asylum, ostensibly to provide asylum seekers and refugees with minimum standards of treatment.1 Lebanon is different and the position of Syrian refugees in Lebanon is arguably unique. Alongside many of its Middle Eastern neighbours, it is not a signatory to the Refugee Convention or to the Protocol. It does not have a national asylum process and it has a very regional view towards the idea of the ‘refugee’ or those seeking protection within its borders. It is also an example of a developing, low income economy that has been obliged to handle enormous numbers of displaced people over a considerable period of time with limited and shrinking resources, a public debt (as a ratio of Gross Domestic Product (GDP)) continuing to rise,2 and enduring political instability.3 The consequences have been extreme. This chapter will examine the Lebanese refugee context by outlining the legal background in relation to migration and border controls and exploring the handling of refugee arrivals with special reference to the recent Syrian conflict.
Research Interests:
Research Interests:
Research Interests: Law and Legal Studies
Research Interests:
On June 11, 1994, Brazil introduced a new competition law: law No. 8884 (as amended1). The first law to repeal previous competi-tion legislation,2 law No. 8884 has important implications for the substance and enforcement of Brazilian... more
On June 11, 1994, Brazil introduced a new competition law: law No. 8884 (as amended1). The first law to repeal previous competi-tion legislation,2 law No. 8884 has important implications for the substance and enforcement of Brazilian competition law. As a recently formulated ...
Research Interests:
Research Interests:
... ASYLUM SEEKERS AND THE RIGHT TO ACCESS hEALTH CARE DALLAL STEVENS1 1 Email:Dallal.Stevens@warwick.ac.uk; 02476 523289 Page 2. ... 2 Asylum Seekers and the Right to Access Health Care Dallal Stevens 2 Law School, University of Warwick,... more
... ASYLUM SEEKERS AND THE RIGHT TO ACCESS hEALTH CARE DALLAL STEVENS1 1 Email:Dallal.Stevens@warwick.ac.uk; 02476 523289 Page 2. ... 2 Asylum Seekers and the Right to Access Health Care Dallal Stevens 2 Law School, University of Warwick, Coventry, UK ...
Research Interests:
ABSTRACT Discussion of Middle Eastern refugee law and policy has focused largely on Palestinians, with relatively little analysis of non-Palestinian refugees and the legal framework that applies to them in Middle Eastern countries. This... more
ABSTRACT Discussion of Middle Eastern refugee law and policy has focused largely on Palestinians, with relatively little analysis of non-Palestinian refugees and the legal framework that applies to them in Middle Eastern countries. This article seeks to address this gap through a wide-ranging examination of the treatment of Iraqi refugees in Jordan (a non-signatory state to the Refugee Convention), following the invasion of Iraq in March 2003. In so doing, it also examines certain issues with wider global implications, such as the nature of refugee protection, the importance of identity, and the need for improved ‘burden sharing’. The article provides a brief outline of the background to refugees in Jordan, together with a discussion of the legal regime applicable to asylum seekers and refugees. It assesses the importance of legal status and labelling to the Iraqi in Jordan, not only for access to rights and provision of needs, but also for identity. The tension between the UNHCR’s concepts of ‘protection’ and ‘protection space’ and the Jordanian Government’s own approach to sanctuary are explored, with reference to five key areas: employment, health, education, resettlement and return. The article concludes by reflecting on the extent to which the Jordanian case study can assist improved management of mass flight in the future.
Research Interests: Law and Refugee Law
Research Interests:
Research Interests:
This piece examines the impact of United Kingdom and European law on the asylum-seeking family, with particular reference to the provision of support. It considers the meaning of terms such as ‘the family’ or ‘the family unit’ in the... more
This piece examines the impact of United Kingdom and European law on the asylum-seeking family, with particular reference to the provision of support. It considers the meaning of terms such as ‘the family’ or ‘the family unit’ in the asylum-specific context, and explores the extent to which our understanding of ‘the family’ is different when considering asylum seekers. The paper focuses on the inherent tension between family law and asylum law in relation to treatment of those who fail to achieve refugee status and who are required to leave these shores.
Research Interests:
Research Interests:
ABSTRACT Discussion of Middle Eastern refugee law and policy has focused largely on Palestinians, with relatively little analysis of non-Palestinian refugees and the legal framework that applies to them in Middle Eastern countries. This... more
ABSTRACT Discussion of Middle Eastern refugee law and policy has focused largely on Palestinians, with relatively little analysis of non-Palestinian refugees and the legal framework that applies to them in Middle Eastern countries. This article seeks to address this gap through a wide-ranging examination of the treatment of Iraqi refugees in Jordan (a non-signatory state to the Refugee Convention), following the invasion of Iraq in March 2003. In so doing, it also examines certain issues with wider global implications, such as the nature of refugee protection, the importance of identity, and the need for improved ‘burden sharing’. The article provides a brief outline of the background to refugees in Jordan, together with a discussion of the legal regime applicable to asylum seekers and refugees. It assesses the importance of legal status and labelling to the Iraqi in Jordan, not only for access to rights and provision of needs, but also for identity. The tension between the UNHCR’s concepts of ‘protection’ and ‘protection space’ and the Jordanian Government’s own approach to sanctuary are explored, with reference to five key areas: employment, health, education, resettlement and return. The article concludes by reflecting on the extent to which the Jordanian case study can assist improved management of mass flight in the future.
Research Interests: Law and Refugee Law
... ASYLUM SEEKERS AND THE RIGHT TO ACCESS hEALTH CARE DALLAL STEVENS1 1 Email:Dallal.Stevens@warwick.ac.uk; 02476 523289 Page 2. ... 2 Asylum Seekers and the Right to Access Health Care Dallal Stevens 2 Law School, University of Warwick,... more
... ASYLUM SEEKERS AND THE RIGHT TO ACCESS hEALTH CARE DALLAL STEVENS1 1 Email:Dallal.Stevens@warwick.ac.uk; 02476 523289 Page 2. ... 2 Asylum Seekers and the Right to Access Health Care Dallal Stevens 2 Law School, University of Warwick, Coventry, UK ...
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Research Interests:
This article examines the reasons for the recent migration of Romanian Roma to the UK. Commencing with a historical overview of the treatment of the Roma in Romania, it goes on to consider the extent to which conditions have changed for... more
This article examines the reasons for the recent migration of Romanian Roma to the UK. Commencing with a historical overview of the treatment of the Roma in Romania, it goes on to consider the extent to which conditions have changed for this minority group in the post-Communist era, from both a national and international perspective. The article then presents the results of empirical work undertaken in Romania between July 2001 and February 2002, in which a number of Roma who travelled to the UK and returned to Romania were interviewed and asked about their motivations for migrating. Finally, it discusses the UK’s handling of Roma asylum cases, both by the Home Office and Immigration Appellate Authorities. The article’s conclusion is that the Romanian Roma continue to be a marginalized people whose fundamental human rights are either protected in limited form or not at all. Yet European Union states and international bodies, such as the European Commission and the UN, continue to ho...
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As is well-known, there is a tension at the heart of international law in relation to the detention of non-nationals. On the one hand, human rights law seems to provide a framework in which the protection of ‘human dignity’ is paramount... more
As is well-known, there is a tension at the heart of international law in relation to the detention of non-nationals. On the one hand, human rights law seems to provide a framework in which the protection of ‘human dignity’ is paramount and rights are accorded every human being qua human being. On the other hand, the law has permitted serious inroads into the notions of absolute freedom and equality through such concepts as reasonableness, proportionality and legitimacy. Westphalian sovereignty continues to wield significant power in the migration context, with few institutions willing or able to threaten its domain. Taking as a case-study the detention of asylum seekers in the UK, this paper will explore whether there is any evidence that members of the judiciary may now be prepared to challenge the traditional interpretation of detention - either through human rights or common law presumptions - with a view to reasserting the moral imperative of freedom over the state’s desire to ...
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Protection is arguably the raison-d’être of refugee policy. Yet, surprisingly, the meaning of protection is not without ambiguity. ‘Domestic protection’ can be distinguished from ‘international protection’; the sense attributed to... more
Protection is arguably the raison-d’être of refugee policy. Yet, surprisingly, the meaning of protection is not without ambiguity. ‘Domestic protection’ can be distinguished from ‘international protection’; the sense attributed to protection within the 1951 Refugee Convention contrasts with that of the 1950 United Nations High Commissioner for Refugees (UNHCR) Statute. Equally, how the state interprets its protective obligations departs frequently from the practice of humanitarian organisations. Alongside such differences, there has been a proliferation of protection concepts in recent years which, far from improving understanding, have added unnecessary confusion and undermined the fundamental purpose of protection. This article considers the language of ‘protection’ within the refugee field and argues that protection proliferation must now be addressed and reversed.